12/14/1993 - Laserfiche WebLink

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W Commissioner Eggert agreed that there is a need for some burning permits but there must be criteria regarding stockpiling, setbacks and fire safety requirements. Vice Chairman Tippin stated that it is the consensus of the Board that Alternative C, with criteria as originally recommended by staff, be presented for consideration at the next public hearing. SECTION 2: COMMUNICATIONS TRANSMISSION TOWERS Planning Director Stan Boling made the following presentation: 2. SECTION 2: •Background TRANSMISSION TOWERS In May 1993, county staff received a copy of a decision by the 19th Circuit Court regarding a challenge to the county's regulation of transmission towers in residential zoning districts. The court's decision was that the county's 70' maximum tower height regulation was too restrictive in light of a federal (FCC) exemption and state law which require a balancing of tower restrictions with "...legitimate needs of licensed amateur radio operators" (see attachment #4). Based upon the court's decision, planning staff has coordinated with the county attorney's office staff to draft LMR amendments that conform to the court's decision. *Analysis Current county LMRs place transmission towers into three height categories: those less than 70' in height, those 70'-140' in height, and those over 140' in height. LDR section 917.06(11) currently allows transmission towers of up to 35' in height within residential districts as long as normal setbacks are satisfied. Also, towers up to 70' in height are allowed in residential districts if the distance from the tower to the nearest property line is 110% of the tower height. The court's decision was that these provisions do not adequately accommodate legitimate amateur radio communications. The court Is' decision was based on an interpretation of a federal preemption whereby FCC amateur radio requirements can preempt local zoning ordinances. The court noted that this preemption is incorporated into the Florida Statutes (FS 125.561) and that local ordinances must accommodate legitimate amateur radio communications. In the court's opinion, such legitimate interests may necessitate a tower over 70' in height in a residential zoning district. In the opinion of planning staff and the county attorney's office, the court's decision requires that the following changes be made to the county's LDRs related to transmission towers (see attachment #5). 1. The term "transmission tower" needs to be defined and should address whether or not antenna components are considered in the tower's height measurement. 11 EC 14 1993 BOOK 91 r�.cE 283 OF,